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NEWTON TWP. - Supervisors on Monday unanimously approved a motion that allows a township man to operate an Internet-based gun sales business out of his home.

About a month after Thomas P. Tolson, 12 Earl Drive, unveiled his gun sales plan to officials, township supervisors voted 3-0 to approve the home occupation for a gun shop with six conditions, all public-safety related:

-âNo signs on the property advertising a gun shop.

-âInstallation of a security system that includes interior and exterior cameras and alarms.

-âAll guns must be secured within the confines of the home occupation premises.

-âHours of face-to-face operation are 9 a.m. to 5 p.m. Monday through Friday, and 9 a.m. to noon on Saturday.

-âAll billing and transferring of guns must be done off premises to an address or post office box.

-âThe township has the right to monitor the premises to ensure compliance with the conditions for public safety.

Mr. Tolson said he plans to purchase guns, ranging from pistols to shotguns, at auctions and estate sales and then flip them on websites similar to eBay, where he can set a minimum price before a bidding period ensues.

Originally, supervisors planned to include a condition restricting the number of guns on Mr. Tolson's premises to 65 - about as many as his 16-square-foot safe could hold.

But John Lalley, who represented Mr. Tolson, argued that if his client is in compliance with Bureau of Alcohol, Tobacco, Firearms and Explosives regulations and state laws, the municipality can't restrict the number of firearms sold.

"When you limit somebody as to the amount of sales they can do, that's a gross violation of the interstate commerce clause," Mr. Lalley said.

As part of the ATF requirements, Mr. Tolson said he must make at least one face-to-face sale.

"There is no magic number," he said. "As I said before, this business is going to be predominantly Internet (based)."

Before he gets the license, Mr. Tolson said Scot Haan, code enforcement officer, must contact ATF to inform it of the agreement. Then a representative will inspect the premises, he said.

"My concern is not your business. ... My primary concern is the neighborhood," said Supervisor Ron Koldjeski when explaining the conditions. "If we can live and peacefully coexist with these restrictions, these conditions on it, then we can move forward."

At the July 8 conditional use hearing, residents peppered Mr. Tolson with questions and concerns; on Monday, none voiced opposition to the proposal.

"My primary objection initially was increased traffic in the neighborhood, and since that seems to be addressed. ... I have no objection to Mr. Tolson's proposal," said resident Jon Koons.

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